By Gina Jordan
http://stream.publicbroadcasting.net/production/mp3/wfsu/local-wfsu-957244.mp3
Tallahassee, FL – A statewide Grand Jury issued a report in January outlining recommendations for the Legislature to combat public corruption. This week, the Senate Ethics and Elections Committee took up a bill that would strengthen criminal penalties for public servants who abuse their power. Gina Jordan reports.
The bill would enhance penalties for crimes committed under the color of law. That means a public leader would have to assert his or her authority in committing the crime. Senator Mike Fasano, a New Port Richey Republican, filed a bill that would bump up the criminal charge in such cases by one degree. So, a first degree misdemeanor would become a third degree felony.
"Bottom line is that if a public official that has been elected and uses that position to benefit themselves or someone they know, they would come under the color of law and in this bill, the penalty would be increased."
That was one of the recommendations of the statewide grand jury in a 127-page report on corruption. Palm Beach County State Attorney Michael McAuliffe says the bill reclassifies what is already criminal behavior by recognizing the special harm that is inflicted when a public servant illegally uses his or her position.
"Remember, the underlying conduct has to be something that's criminal and already classified, and this is the marginal adjustment that's made to recognize that it's an act of public corruption."
The same Grand Jury investigated corruption in the Broward County School Board and School District, where it found gross mismanagement and a culture of malfeasance. Senator Fasano used that as an example of why lawmakers should toughen the penalties.
"We can no longer tolerate what we have seen go on in this state for last few years. The grand jury in Broward County came out and said that the public school system down there is so corrupt they recommended that it should be just abolished pretty much and restarted over."
The corruption bill applies to anyone who is elected, appointed, or works in a public service capacity. Taking a question from Senator Nancy Detert, Fasano assured the panel that thousands of prison beds are available to accommodate public officials who break the law.
"So, Senator Fasano, do you have any projections or ballpark guesses as to how many people this would affect on a statewide basis?"
Fasano: "Senator Detert, you would hope it would affect no one, but unfortunately all public officials aren't perfect and many of them do not abide by the laws and unfortunately we've seen recently many of those public officials being indicted, being charged with a crime. And we need to send a clear message, and that's what the grand jury is asking us to do is send a clear message."
Fasano took a lot of questions from members who seemed concerned that the measure was overreaching. But the bill passed the committee 12 to 1. Senator Chris Smith, a Democrat whose district includes part of Broward County, was the lone holdout. He said the tools are already in place to fight corruption.
"The easiest bill to file, members, and the easiest bill to argue in this Legislature is a penalty enhancement. If you ever want to pass a bill in the Legislature, just enhance the penalties, and we knee jerked that for ten years now. We did "10-20-Life" when I just came and we charged a girl in middle school who was bullied, straight-A student who brought a gun, with 10-20-Life. We get unintended consequences when we do these knee-jerk penalty enhancements."
The bill has to survive three more committees before it's taken up by the full Senate.